Vince Walden is a partner at Ernst & Young, and he’s passionate about anti-fraud, anti-corruption and compliance-related analytics and innovations. Today, Vince and Tom talk about some of the innovative strategies he’s developing for General Electric. From training and retention to automation and relevance, accurately observing behavior through data analytics is the key to compliance.

  • Compliance officers often struggle with training. Often, training sessions are top of mind for a few days, but as time passes, so too does the knowledge. In working with GE, Vince is addressing the problem using analytics and timely training rather than ‘check the box’ sessions. Learn what the Digital Twin is, and how it’s used in compliance.
  • In his magazine article, Vince went into detail about pilot scope. He talks us through the diagram in his article, an excellent visual aid of the digital-twin compliance model and pilot strategy. See the diagram here while you listen along. Rather than trying to boil the ocean, Vince talks about a small, high risk group of people, but rather than pulling single expenses, they identified 34 risk triggers. What he found might surprise you.
  • With his new, innovative framework, Vince was able to draw some striking insights about behavior. He mentions the concept of air. The communication should be automated, but it must be intriguing and relevant. A – automatic. I – intriguing. R – relevant. He goes into more detail about this method of looking at behavior and how it can be applied to just about any compliance program. This includes accurate risk scores.
  • Having great training delivered via automation isn’t enough. It requires feedback from the employee, and constant tending, tweaking, and refining that reflect the feedback. Vince and Tom discuss how the human element remains prominent in technological innovation. More importantly, you have to be training and solving for the right business problems.
  • So often, all the dashboards and reports never leave the compliance office. So Vince asked the question: why aren’t we taking this out in the field? He calls it Compliance 2.0, and his innovative ideas are making waves and increasing employee investment in the program.
  • Vince shares his final thoughts: Digital transformation is alive and well in the risk functions of the business as well. It’s not just a topic for marketing, manufacturing, or operations. Embracing that fact can increase compliance effectiveness and advance the integrity agenda of any organization.

If you want to stay up to date on the newest innovations coming to compliance, make sure to subscribe to the show, and if you like what you hear, leave a rating and a review.


In this episode, I welcome back Steve Durham, a partner with Labaton and Sucharow to discuss the continued reverberations from the recent Supreme Court decision narrow the definition of whistleblowers in Digital Realty Trust v. Somers. Durham discussed the impact the decision may portend for the SEC Office of the Whistleblower and both the quality and quantum of tips and information brought forward to the SEC after the decision.

In his practice, Durham represents whistleblowers before the SEC. He provides insight that the decision in Somers will put more pressure on the SEC as now there is no incentive to report internally because you are not eligible for any financial incentive nor will you receive any protections from discrimination or retaliation. It is possible the SEC will be literally inundated with potential securities-laws violations. This will cause the problem of such whistleblower reports taking years for resolution to increase, thereby allowing the potentially illegal conduct to continue and perhaps get worse.

We also explore the role and increased importance of whistleblower counsel such as Durham. As there are more tips submitted to the SEC and less resources at the SEC to deal with the increased number of tips, the full vetting of the claims before their submission to the SEC will be more and more critical. We discuss how the SEC will need to rely even more on whistleblower counsel to vet, document and submit claims which lay out all the facts, documentary evidence and law to demonstrate the validity of the information. Durham and his firm are uniquely suited to bring this type of legal assistance t whistleblowers and evidence of securities law violations to the SEC.

March Madness is upon us, with the first ever #16 knocking off a Number 1 see. In the midst of this true madness, Jay Rosen and myself take a look at some of the top compliance stories over the past week.

  1. March Madness is here. So is corruption in NCAA basketball. Tom considers both stories in Compliance Week.
  2. Former FCPA Unit Head Chuck Duross says that self-reporting is still “probably not worth it”. See article in GIR (sub req’d)
  3. Elizabeth Holmes and Theranos were engaged in massive, years long fraud. She is fined, must return her Theranos stock and is banned from running public companies for 10 years. Sam Rubenfeld reports in the WSJ Risk and Compliance Journal. See SEC Complaint for full details.
  4. What are some of the compliance lessons to be learned from the Novartis journey? Jaclyn Jaeger considers them in Compliance Week. (Sub req’d)
  5. First DPA granted under new French anti-corruption law, Sapin II. See article in NYU Compliance and Enforcement Blog.
  6. SFO Director David Green pushed back on the myth that DPAs are sweetheart deals in the FCPA Blog.
  7. Are corporate monitorships on their way out? Adam Dobrik reports in GIR (Sub req’d)
  8. The Trace Global Enforcement Report is out.
  9. On Tuesday, March 20, Tom will premier an exciting new podcast Innovation in Compliance. It is available on the FCPA Compliance Report, iTunes, Libsyn, YouTube and JDSupra.
  10. Tom announces presales of his next book, the Complete Compliance Handbook, which will be published by Compliance Week in April 2018. It is available for PreSale here.
  11. Jonathan Armstrong will be in Houston on April 10 to put on a half-day GDPR workshop. You can find out more and register at the Greater Houston Business and Ethics Roundtable website, org.

For more information on how an independent monitor can help improve your company’s ethics and compliance program, visit this month’s sponsor Affiliated Monitors at

Henry Worsley and Ernest Shackleton are related by more than blood. They are related by their souls. A distant relative, Frank Worsley had accompanied Shackleton on his Antarctic expeditions, including the abortive Nimrod expedition where Shackleton had tried and failed to reach the South Pole coming with 90 miles of reaching his goal until he and his two-man team turned back. Inspired by this event, Henry Worsley and two other men successfully walked unaided to the South Pole and back in 2008-2009.

Shackleton is of course much more famous for his Endurance expedition, which one of the legendary 3-year (1914-1917) trip to the Antarctic where his crew was stranded on the ice; Shackleton and a few companions traveled some 800 miles in an open boat to the South Georgia Island whaling station to obtain a rescue craft. He then returned to the Antarctic and rescued all the men who have been stranded.

Both men provided some interesting leadership lessons from their experiences. Henry Worsley’s journey to the South Pole was recently chronicled in the New Yorker in a piece by David Grann entitled, “THE WHITE DARKNESS-A solitary journey across Antarctica”. Henry Worsley became interested in Shackleton as a child, marveled by his stories of exploring and adventure. For most of his life he was in the British Army, becoming a member of the elite Special Action Services (SAS). After his retirement, he met Shackleton’s grand-daughter who introduced him to Will Gow, the great-nephew of Shackleton who wanted to recreate the trek to the South Pole. They were joined by another relative of the Nimrod expedition Henry Adams who was the great-grandson of the Nimrod expedition’s second in command, Jameson Boyd Adams.

Together the three men trained in Artic treks and cold weather situations for several years, while fund raising for their own expedition. This training regimen was couple with meticulous planning for their trek. Each man was required to haul a sled weighing some 300 pounds across the ice. Henry Worsley’s pack was emblazoned with two phrases, “Always a little further” and “By Endurance we Conquer”. Henry Worsley drew the following leadership lessons from Shackleton, “His optimism and patience. That the welfare of his men governed all his decision making. His courage. The hope he instilled in others. His romanticism. His ability to hold a team together in adversity. His recognition of the qualities of Frank Wild and his choice to make him his second in command. The depth of affection and respect that his crew members (from all expeditions) had for him. That he never gave up on fulfilling dreams. But above all I believe that in times of deep trouble, when lives were at risk, he was able to instill in his men the confidence that he would get them out of the desperate situation they were in, because nothing was more important to him than their welfare.” The three were able to accomplish their goal by safely trekking across the ice to the South Pole and back.

Shackleton is best known for his Antarctic expeditions failures. In addition to the Nimrod and Endurance expeditions, he was also the failed first South Pole trek by Robert Falcon Scott on 1901. According to Cathy Graham, writing in Workplace Navigator in an article entitled, “7 Characters of Leadership I Learned From Sir Ernest Shackleton” the tale of “how 28 men survived for 21 months after the ship was beset in the ice floes of Antarctica”, in sub-freezing temperatures, no digital equipment, not even a radio, numerous physical obstacles, including climbing for 36 hours over uncharted mountains without climbing gear, in one chock full of leadership lessons for today’s business leader. She noted seven lessons.

  1. Honesty.
  2. Diverse Team.
  3. Be Decisive.
  4. Inclusive.
  5. Delegate.
  6. Improvise.
  7. Keep the Faith.

In this episode, Matt Kelly and I continue our exploration of the fallout from the recent Supreme Court decision in Digital Realty Trust v. Somers in light of the filing by BioRad in its appeal of the whistleblower award to its former General Counsel, Sanford Wadler. Wadler had internally reported allegation of FCPA violations by the company in China to its Board of Directors. Wadler was later terminated and filed suit claiming his termination had been in retaliation for his whistleblowing efforts. The jury agreed with him and he was awarded approximately $11MM in damages, including damages under Dodd-Frank.

Last week, BioRad filed notice in its appeal of the Digital Realty Trust v. Somers decision and asked for approximately $3MM in damages awarded to Wadler be thrown out as they were based on Dodd-Frank. There was no evidence that Wadler has whistleblown to the SEC, although there was evidence he reported as required under SOX. We explore three issues which the case raises:

  1. That employees must go to SEC and not report internally first.
  2. The inherent conflict between corporate legal departments and corporate compliance departments.
  3. Whether companies can require, on pain of termination, employees to report internally first through internal company policy and whether companies would then terminate such internal whistleblowers.

For more information on these issues see Matt Kelly’s blog post Supreme Court Whistleblower Ruling, Already in Play 

See Tom Fox’s blog post Whistleblowers at the Supreme Court-Part II: Impact of the Somers Decision